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High Tech Metal Seals' core
values can be described in three categories, namely Quality, Expertise, and
Flexibility.
I. Area of application
Article 1
Except where expressly agreed otherwise in writing, the present General
Conditions are applicable to the relationship between H.T.M.S. and the Buyer
(inter alia to all deliveries, offers, quotations, orders and agreements,
etc.). They take precedence over those of the Buyer.
II. Quotations and orders
Article 2
H.T.M.S. quotations are valid for 3 months from the date of offer: the order
must reach H.T.M.S. within the aforesaid period. The prices quoted are
exclusive of VAT, any other legal charges and taxes and transport costs,
which are always for the Buyer’s account. Prices are drawn up on the basis
of the specifications and tolerances quoted by the Buyer: deviations in the
final order will be taken into account. Prices are quoted EX WORKS.
III. Delivery dates
Article 3
The delivery date quoted is given exclusively as a guide without any
obligation for H.T.M.S.: it cannot give rise to any liability on the part of
H.T.M.S. in the event of late execution, nor in respect of any loss or
damage arising of that.
Article 4
A delivery outside the proposed delivery date cannot be refused by the Buyer
and shall not give rise to any compensation nor price reduction.
IV. Buyer’s obligations
Article 5
The Buyer shall furnish H.T.M.S. with all necessary guidelines and
information in writing in connection with the goods to be supplied and their
use: H.T.M.S. cannot be held liable for the consequences of incomplete or
non provision of information. All parameters not quoted are regarded as
non-critical and can definitely not give rise to any compensation. The Buyer
is bound always to indicate the kind of application or give a description of
it, failing which it will be regarded as non-critical.
Article 6
In the case of new applications the customer must always test the goods
supplied on the test rig before proceeding with final installation and use
of the goods.
V. Safekeeping - risk
Article 7
Except where expressly agreed in advance, H.T.M.S. is not bound to keep
plans, diagrams, designs, drawings, photos, descriptions which it has
received from the Buyer or had drawn up on the Buyer’s instructions.
Article 8
The goods and information made available by the Buyer are to be delivered by
him to the H.T.M.S. head office.
Article 9
The custody by H.T.M.S. of goods made available by the Buyer, whether or not
with a view to treatment and all other goods and/or supplies destined for
the Buyer, is effected entirely at the risk of the Buyer, who expressly
indemnifies H.T.M.S. of any liability of any nature whatsoever.
Article 10
Custody if applicable is charged to the Buyer, in relation to the extent and
duration.
Article 11
In the event of non-payment or any other default on the part of the
principal, H.T.M.S. will keep the goods, placed at its disposal by the Buyer,
as a pledge.
VI. Delivery - receipt
Article 12
The goods are held at the Buyer’s disposal at the H.T.M.S. head office,
where they are delivered to the Buyer.
Article 13
If H.T.M.S. is entrusted with the transport, this will be carried out at the
Buyer’s expense and risk.
Article 14
If the Buyer omits to collect the goods from the head office within 15 days
from dispatch of the invitation to do so, H.T.M.S. shall be entitled either
to have the goods conveyed to the Buyer at the latter’s expense and risk or
to regard the agreement as unilaterally broken, with the right to flat-rate
compensation at a rate of 30% of the price of the ordered goods.
VII. Complaints and
liability
Article 15:
a. On penalty of being forfeit, any complaint or protest must be made by
registered letter.
b. Complaints or protests concerning visible defects or damage or
non-conformity of the goods must be notified immediately on receipt.
Complaints concerning other defects and damage must be notified to H.T.M.S.
within 2 days from receipt of the goods. In the event of failing to do this,
the period begins to run from receipt of the invoice, which is regarded as
having been received three days after the invoice date.
c. If no complaint is received as provided for in the preceding paragraphs,
then the goods supplied are assumed incontestably to have been accepted.
d. The partial employment of the goods supplied has as a consequence the
acceptance of the entire delivery.
e. The liability of H.T.M.S. is limited to the replacement of the faulty
and/or non-conforming goods.
Article 16
If it appears that the Buyer is wrongly invoking a faulty or non-conforming
delivery, the Buyer is then lawfully indebted for paying compensation of 20%
of the price of the goods.
Article 17
The Buyer indemnifies H.T.M.S. for any liability in respect of the Buyer,
his employees or any third party which may arise out of damage or injury to
property or persons by the goods supplied. This indemnification is also
expressly given for claims on the basis of product liability legislation,
environmental legislation and associated laws and regulations. The Buyer
expressly undertakes to indemnify H.T.M.S. for all damage, directly or
indirectly caused by the goods which are placed at its disposal by the Buyer.
Article 18
The consequences of an Act of God never fall to the account of H.T.M.S.: if
necessary in the event of an Act of God, H.T.M.S. may suspend, or terminate,
the performance of the agreement, without any right to compensation on the
part of the Buyer.
Article 19
The liability of H.T.M.S. is covered as follows:
a. Civil Liability Exploitation
- Physical injury and material damage combined: 1,239,467.62 EUR per
incident
- water, smoke, fire, explosion: 619,733.81 EUR per incident
- pollution: 619,733.81 EUR per incident
- pure immaterial damage: 209,866.91 EUR per incident.
b. Goods entrusted: 12,394.68 EUR per incident
c. Civil liability after delivery:
- physical injury and material damage: 1,239,467.62 EUR per incident and per
year.
The liability of H.T.M.S. is limited in all circumstances to the cover and
amounts as indicated above. As far as claims by third-parties are concerned,
to whom the present Conditions would not be opposable, the Buyer undertakes
to indemnify H.T.M.S. for the damage which exceeds the policy cover.
Article 20
Unless expressly instructed otherwise by the Buyer, H.T.M.S. applies the
standard tolerances as set out in its ISO manual.
VIII. Warranty
Article 21
For the goods supplied by H.T.M.S., a warranty period of 3 months is
provided. The warranty does not relate to hidden defects, about which
H.T.M.S. did not know or could not have known and to visible defects. The
period begins running from the day the goods leave the H.T.M.S. works. If
the Buyer wishes to invoke the warranty, he must notify H.T.M.S. of the
defect by registered letter within 7 days of discovery of the hidden defect.
Article 22
The obligation of H.T.M.S. under the warranty is limited to the replacement
of the faulty goods: on absolutely no condition can H.T.M.S. be held liable
for any other, direct or indirect damage.
IX. Payment
Article 23
Unless agreed otherwise or indicated on the invoice, H.T.M.S. invoices are
to be paid promptly in cash at the H.T.M.S. registered office or operating
headquarters. H.T.M.S. expressly reserves the right to issue invoices for
advance payment.
Article 24
The use of bills of exchange, cheques, warrants, receipts, etc. makes no
changes to this and permits of no renovation of the debt.
Article 25
Bank charges on payments from outside Belgium are for the Buyer’s account
except for the portion of internal costs.
Article 26
In the event of non-payment of the invoice on the due date, interest of 10%
per annum becomes lawfully payable as from the due date without any further
notification. In this case the Buyer is also indebted for lump-sum
compensation of 10% of the invoice amount, with a minimum of 50.00 Euro per
invoice.
Article 27
In the event of non payment of an invoice, H.T.M.S. has the right to suspend
the execution of all orders from the same Buyer. On suspension of the
execution an invoice will be issued for the stage which the execution has
reached. In the event of non payment of one invoice, all invoices addressed
to the same Buyer become payable, with the forfeit of any payment facility
or maturity date granted.
Article 28
The goods remain the property of H.T.M.S. until paid for in full by the
Buyer: the risk concerning the goods is however transferred to the Buyer on
delivery of the goods.
X. Cancellation
Article 29
In the event of cancellation or an order by the Buyer, H.T.M.S. is entitled
either to demand the execution of the agreement (forced execution) or
lump-sum compensation of 20% of the total order (breach of contract with
compensation). If, in the event of a breach of contract with compensation,
part of the goods have already been supplied, the part delivered will be
invoiced and paid for by the Buyer and the said lump-sum compensation will
be calculated on the balance of the order. H.T.M.S. may always claim higher
compensation if an actual higher loss can be demonstrated.
Article 30
Cancellation of an order must always be made in writing.
XI. Competent Courts -
Applicable Law
Article 31
The relationship between H.T.M.S and its Buyer is subject to Belgian Law.
Article 32
In the case of dispute only the Court of the District of Mechelen have
jurisdiction: H.T.M.S. however reserves the right to invoke the jurisdiction
of the Court of the place where the Buyer is based or where delivery has
been effected.
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Resilient metal seals from High
Tech Metal Seals NV are used in the most extreme environmental conditions.
Spring Energised Metal C Rings are used under extreme conditions where
temperature can range from cryogenic up to extreme high temperatures, such
as 800°C.
To serve the harsh conditions in today’s Oil and Gas exploration, High Tech
Metal Seals NV designs and manufactures resilient metals seals which comply
and exceed the ISO 15848 leakage requirements for valves intended for
application with volatile air pollutants and hazardous fluids. High Tech
Metals Seals are manufactured from high alloy materials so that the finished
product complies with NACE MR0175 requirements. Silver plated Metal O rings
or Metal C Rings, because of ductile layer are successfully used in high
vacuum applications. Silver plated or PTFE coated spring energised C Rings
and Metal C Rings comply and exceed the ISO 15848 leakage requirements, from
cryogenic temperatures up to extreme high temperatures and pressures. In
nuclear applications, particle research, and other radiation application,
typically high load resilient metal seals, such as spring energized metal C
Rings or Metal O Rings, with a ductile layer of silver are successfully
used. High Tech Metal Seals NV, seals for extreme environmental conditions
are particularly suited for high pressure. The system pressure assist in
maintaining intimate contact with the mating flanges. |